property law

file to register a trademark that has not even been used yet (intent-to-use

application), so long as one has a bona fide intent to use the trademark.”

No Focus on Global Patent Standards

Salima Merani, Ph.D., partner at Knobbe Martens: “Startups, with their limited

budgets in the very early stages, often file patent applications without an eye

towards global patent standards. Years later, when it comes time to pursue

international rights outside the United States, the deficiencies from the early

days can come back to impede or impair the patent portfolio. Sophisticated

startups, typically involving some venture firm board members or serial

entrepreneurs, not only engage law firms that have a global perspective, but

also invest meaningfully in intellectual property and global strategy even

when funds are scarce."

No Real Strategy

Robert Stier, Jr., at Pierce Atwood LLP: “Too often, in a rush to get IP

protection, startups assume that all patents are of equal value. They spend

money needlessly on patent prosecutions only to obtain claim coverage that

is too narrow, and they end up without any real barrier to entry against

competitors. Their time and effort would be better spent first understanding

the IP landscape and then developing a realistic strategy for cordoning off

valuable portions of that territory. That requires more of an investment of

time and money up front, but it results in long term savings and a stronger

competitive position.”

A strategically-designed patent portfolio is equally as valuable to a

company as a robust data package is for its product... - Ray Arner,

Pierce Atwood

Ray Arner, also of Pierce Atwood: “Start-ups frequently consider patenting on

a piecemeal basis, and in an excessively cost-conscious manner. They opt to

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